The SDFLA Blog is dedicated to providing news and notes regarding federal practice in the Southern District of Florida. The New Times calls the blog "the definitive source on South Florida's federal court system." All tips on court happenings are welcome and will remain anonymous. Please email David Markus at dmarkus@markuslaw.com

Wednesday, May 11, 2011

Back at it

A case in the District of Oregon took me out of our district the last two days (up and back in 36 hours). And a bunch has been happening. Here goes:

1. Remember this press release from the feds about the charges against 27 defendants for "selling cut" for cocaine and heroin? Well, the government dismissed against all the defendants yesterday, including one who already had pled guilty. The charges were strange here -- conspiracy to aid and abet the sale of drugs, or a double inchoate crime. I'm told that many of these defendants were held at FDC since the charges back in February...

The 11th U.S. Circuit Court of Appeals said in a ruling Tuesday that there was not enough evidence to convict Siegelman and Scrushy of two bribery counts, which involved a hospital license and equipment. But the appeals court rejected a request for a new trial and let stand convictions on five counts against Siegelman and four against Scrushy. The court said they must be resentenced to reflect the reduced number of counts.

***

"This does not come as a surprise. This whole thing has been a disappointment," said Siegleman, who vowed to continue his appeals.

Scrushy's attorney, Art Leach, said he had not had time to study the decision. But he said his client, who has been in federal prison nearly five years, would argue for a shorter sentence with two convictions thrown out.

Justice Department spokeswoman Laura Sweeney said prosecutors were pleased with the decision.

3. The state judiciary is in trouble. Two of the best -- Mary Barzee and Izzy Reyes -- have recently left, and more are rumored to be leaving soon. Barzee is headed to my friends at Stearns Weaver. It's a great fit, and she'll do great there.

The Southern District of Florida blog was started by David Oscar Markus, who is a criminal trial and appellate lawyer in Miami, Florida. He frequently practices in federal courts around the country, including his hometown, the Southern District of Florida and the 11th Circuit Court of Appeals. He is a former law clerk to then-Chief Judge of the District, Edward B. Davis.